Assembly Bill A3934

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3934
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2021
                                ___________
 
 Introduced  by  M. of A. PAULIN, CAHILL -- read once and referred to the
   Committee on Higher Education
 
 AN ACT to amend the education law,  in  relation  to  registered  dental
   hygienists  working  without  supervision  but  within a collaborative
   practice agreement with a licensed dentist

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The education law is amended by adding a new section 6607-a
 to read as follows:
   § 6607-A. PRACTICE OF COLLABORATIVE PRACTICE DENTAL HYGIENE AND USE OF
 TITLE "REGISTERED DENTAL HYGIENIST, COLLABORATIVE PRACTICE" (RDH-CP). 1.
 THE  PRACTICE OF THE PROFESSION OF DENTAL HYGIENE, AS DEFINED UNDER THIS
 ARTICLE, MAY BE PERFORMED  IN  COLLABORATION  WITH  A  LICENSED  DENTIST
 PROVIDED  SUCH SERVICES ARE PERFORMED IN ACCORDANCE WITH A WRITTEN PRAC-
 TICE AGREEMENT AND WRITTEN PRACTICE PROTOCOLS TO BE KNOWN AS A  COLLABO-
 RATIVE  PRACTICE  AGREEMENT.  UNDER  A COLLABORATIVE PRACTICE AGREEMENT,
 DENTAL HYGIENISTS MAY PERFORM ALL SERVICES WHICH ARE DESIGNATED IN REGU-
 LATION WITHOUT PRIOR EVALUATION OF A DENTIST OR MEDICAL PROFESSIONAL AND
 MAY  BE  PERFORMED  WITHOUT  SUPERVISION  IN  A  COLLABORATIVE  PRACTICE
 SETTING.
   2.  (A)  THE  COLLABORATIVE PRACTICE AGREEMENT SHALL INCLUDE CONSIDER-
 ATION FOR MEDICALLY COMPROMISED PATIENTS, SPECIFIC  MEDICAL  CONDITIONS,
 AND  AGE-  AND PROCEDURE-SPECIFIC PRACTICE PROTOCOLS, INCLUDING, BUT NOT
 LIMITED TO RECOMMENDED INTERVALS FOR THE PERFORMANCE OF  DENTAL  HYGIENE
 SERVICES  AND  A PERIODICITY IN WHICH AN EXAMINATION BY A DENTIST SHOULD
 OCCUR.
   (B) THE COLLABORATIVE AGREEMENT SHALL BE:
   (I) SIGNED AND MAINTAINED BY THE DENTIST, THE  DENTAL  HYGIENIST,  AND
 THE FACILITY, PROGRAM, OR ORGANIZATION;
   (II) REVIEWED ANNUALLY BY THE COLLABORATING DENTIST AND DENTAL HYGIEN-
 IST; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01897-01-1

 A. 3934                             2
 
   (III)  MADE  AVAILABLE  TO THE DEPARTMENT AND OTHER INTERESTED PARTIES
 UPON REQUEST.
   (C)  ONLY ONE AGREEMENT BETWEEN A COLLABORATING DENTIST AND REGISTERED
 DENTAL HYGIENIST, COLLABORATIVE PRACTICE (RDH-CP) MAY BE IN FORCE  AT  A
 TIME.
   3.  BEFORE  PERFORMING  ANY  SERVICES AUTHORIZED UNDER THIS SECTION, A
 DENTAL HYGIENIST MUST PROVIDE  THE  PATIENT  WITH  A  WRITTEN  STATEMENT
 ADVISING THE PATIENT THAT THE DENTAL HYGIENE SERVICES PROVIDED ARE NOT A
 SUBSTITUTE FOR A DENTAL EXAMINATION BY A LICENSED DENTIST. IF THE DENTAL
 HYGIENIST  MAKES  ANY REFERRALS TO THE PATIENT FOR FURTHER DENTAL PROCE-
 DURES, THE DENTAL HYGIENIST MUST FILL OUT A REFERRAL FORM AND PROVIDE  A
 COPY OF THE FORM TO THE COLLABORATING DENTIST.
   4.  THE  COLLABORATIVE  PRACTICE  DENTAL  HYGIENIST  MAY  ENTER INTO A
 CONTRACTUAL ARRANGEMENT WITH ANY NEW YORK STATE LICENSED AND  REGISTERED
 DENTIST,  HEALTH  CARE FACILITY, PROGRAM, AND/OR NON-PROFIT ORGANIZATION
 TO PERFORM DENTAL HYGIENE SERVICES IN  THE  FOLLOWING  SETTINGS:  DENTAL
 OFFICES;  LONGTERM CARE FACILITIES/SKILLED NURSING FACILITIES; PUBLIC OR
 PRIVATE  SCHOOLS;  PUBLIC  HEALTH  AGENCIES/FEDERALLY  QUALIFIED  HEALTH
 CENTERS;  CORRECTIONAL  FACILITIES;  PUBLIC  INSTITUTIONS/MENTAL  HEALTH
 FACILITIES; AND PRIVATE SETTINGS IN WHICH HOMEBOUND RESIDENTS ARE UNABLE
 TO BE RELOCATED FOR NECESSARY TREATMENT.
   5. A COLLABORATING DENTIST SHALL HAVE COLLABORATIVE AGREEMENTS WITH NO
 MORE THAN SIX COLLABORATIVE PRACTICE DENTAL HYGIENISTS.  THE  DEPARTMENT
 MAY  GRANT EXCEPTIONS TO THESE LIMITATIONS FOR PUBLIC HEALTH SETTINGS ON
 A CASE-BY-CASE BASIS.
   6. A DENTAL HYGIENIST MUST MAKE APPLICATION  TO  THE  NEW  YORK  STATE
 EDUCATION  DEPARTMENT  TO  PRACTICE  AS  A  REGISTERED DENTAL HYGIENIST,
 COLLABORATIVE PRACTICE (RDH-CP) AND PAY A FEE SET BY THE DEPARTMENT.  AS
 A  CONDITION  OF  COLLABORATIVE PRACTICE, THE DENTAL HYGIENIST MUST HAVE
 BEEN ENGAGED IN PRACTICE FOR THREE YEARS WITH A MINIMUM OF FOUR THOUSAND
 FIVE HUNDRED PRACTICE HOURS AND MUST COMPLETE AN EIGHT  HOUR  CONTINUING
 EDUCATION  PROGRAM THAT INCLUDES INSTRUCTION IN MEDICAL EMERGENCY PROCE-
 DURES, RISK MANAGEMENT, DENTAL HYGIENE  JURISPRUDENCE  AND  PROFESSIONAL
 ETHICS.
   § 2. This act shall take effect immediately.